58
Constitution of the Independent
State of Samoa
(b)
the two (2) Vice Presidents of the Land and Titles
Court appointed by the President and if one (1) or
two (2) Vice Presidents are not present, Judges of
the Land and Titles First Court may be appointed.
(3) A Judge is disqualified from sitting on an appeal review
if he or she was a member of the Land and Titles Court in the
first instance hearing of the petition in the matter on appeal.
(4) Subject to the direction of the President, a Deputy
President may preside over sittings of the Land and Titles High
Court, and exercise such other functions of the President as may
in respect of a particular case or matter be directed by the
President.
(5) The Land and Titles High Court shall:
(a)
have such original, appellate and, revisional
jurisdiction; and
(b)
possess and exercise all the jurisdiction, power,
and authority, which may be necessary to
administer the laws under this Part IX Land and
Titles Court.
(6) The Land and Titles High Court shall have jurisdiction to
hear any appeals from the Land and Titles Court, and has all the
powers and jurisdiction of the Land and Titles Court.
(7) The Land and Titles High Court has the power to:
(a)
uphold the appeal; or
(b)
set aside, vary or reverse the decision of the Land
and Titles Court; or
(c)
order the Land and Titles Court to rehear the
matter; or
(d)
make any such order with respect to the appeal as
the Court thinks fit; and
(e)
award such costs as it thinks fit.
(8) The decision of the Land and Titles High Court is subject
to a further appeal to the Land and Titles Court of Appeal and
Review.
104C.
Land and Titles Court of Appeal and Review –
(1) There shall be a Land and Titles Court of Appeal and Review
which shall be a superior court of record.
(2) The composition of the Land and Titles Court of Appeal
and Review is as follows: